BAXTER v. FULTON ICE & CUBE


117 Misc.2d 634 (1983)

Raymond Baxter et al., Plaintiffs, v. Fulton Ice & Cube Co., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

January 27, 1983


Attorney(s) appearing for the Case

Glaser, Shandell & Blitz (Joyce S. Lipton of counsel), for plaintiffs. Kirk & O'Connell (Phyllis O'Connell of counsel), for Ohio Gear, Inc., defendant.


CHARLES H. COHEN, J.

This case presents the hitherto unresolved question as to whether a plaintiff who is awarded a certain sum for personal injuries upon an inquest against one defendant may be limited to that sum when proceeding against another defendant with respect to those same personal injuries.

As stated in the affidavit in support of this motion, plaintiffs brought this action against several defendants "in negligence, breach of warranties...

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